Lord MacDermott discussed the plea of volentia non fit injuria: ‘The question raised by a plea of volenti non fit iniuria is not whether the injured party consented to run the risk of being hurt, but whether the injured party consented to run that risk at his own expense so that he and not the party alleged to be negligent should bear the loss in the event of injury. In other words, the consent that is relevant is not consent to the risk of injury but consent to the lack of reasonable care that may produce that risk.’
Judges:
Lord MacDermott
Citations:
[1954] NI 41
Jurisdiction:
Northern Ireland
Cited by:
Cited – Wooldridge v Sumner and Another CA 4-Jun-1962
The plaintiff photographer was injured when attending a show jumping competition at the White City Stadium. A horse caught him as it passed.
Held: The defendant’s appeal against the finding of negligence succeeded: ‘a competitor or player . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 26 November 2022; Ref: scu.226229